HomeMy WebLinkAbout33- Ordinance 1 ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.72 OF
THE SAN BERNARDINO MUNICIPAL CODE, REGULATING SMOKING IN PUBLIC
3 PLACES AND PLACES OF EMPLOYMENT.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
5 SECTION 1. Chapter 8.72 of the San Bernardino Municipal
6 Code is amended to read as follows:
7 "8.72. 010 Legislative findings.
8 The Mayor and Common Council find and declare that:
9 A. Numerous studies have found that tobacco smoke
10 is a major contributor to indoor air pollution;
11 B. Reliable studies have shown that breathing
12 sidestream or secondhand smoke is a significant
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health hazard, especially for certain population
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groups, including elderly people, individuals
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with cardiovascular disease, and individuals
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with impaired respiratory function, including
17 asthmatics and those with obstructive airway
18 disease;
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C. Health hazards induced by breathing sidestream or
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secondhand smoke. include lung cancer, respiratory
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infection, decreased exercise tolerance, decreased
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respiratory function, bronchioconstriction, and
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bronchiospasm;
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D. Nonsmokers with allergies, respiratory diseases
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and those who suffer other ill effects of
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breathing sidestream or secondhand smoke may
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experience a loss of job productivity;
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1 E. The Surgeon General of the United States has
2 advised nonsmokers to avoid exposure
3 to tobacco smoke wherever possible, and;
4 F . The smoking of tobacco, or any other weed or
5 plant, is a proven danger to health.
6 Accordingly, the health, safety and general welfare of the
7 residents of, persons employed in, and persons who frequent this
8 City will be benefited by the regulation of smoking in designated
9 enclosed places .
10 8 .72. 020 Definitions.
11 The following words and phrases, whenever used in this
12 chapter, shall be construed as defined in this section:
13 A. "BAR" means an area which is devoted to the
14 serving of alcoholic beverages and in which the
15 service of food is only incidental to the
16 consumption of such beverages . The area devoted to
17 such use shall be as set forth in any conditional
18 use permit, variance or other Planning Department
19 or Building and Safety Department document
20 establishing such use or, as determined for
21 purposes of collection of business
22 taxes by the office of the City Clerk .
23 B. "BUSINESS" means any sole proprietorship,
24 partnership, joint venture, corporation or other
25 business entity formed for profit-making purposes
26 as well as professional corporations and other
27 entities which provide legal , medical , dental ,
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1 engineering, architectural , or other professional
2 services and which "business" employs ten (10) or
3 more persons. Working owners and management
4 employees shall be included in the calculation of
5 the ten or more persons.
6 C. "DINING AREA" means any enclosed area containing
7 a counter or tables upon which meals are served.
8 D. "EMPLOYEE" means any person who is employed by any
9 employer in consideration for direct or indirect
10 monetary wages or profit, and any person who
11 volunteers his or her services for a non-profit
12 entity.
13 E. "EMPLOYER" means any business and any non-profit
14 entity with ten or more employees. Working owners
15 and management employees shall be included in the
16 calculation of the ten or more persons.
17 F. "ENCLOSED" means closed in by roof and four walls
18 with appropriate openings for ingress and egress
19 except the public areas of any shopping mall shall
20 not be deemed to be "enclosed" for purposes of the
21 application of this chapter .
22 G. "NON-PROFIT ENTITY" means any corporation,
23 unincorporated association, or other entity created
24 for charitable, educational, political, social, or
25 similar purposes, the net proceeds from the
26 operation of which are committed to the promotion
27 of the objects or purposes of the organization and
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1 not to private financial gain. A public agency is
2 not a "non-profit entity" within the meaning of the
3 section.
4 H. "PLACE OF EMPLOYMENT" means 1) any enclosed area
5 2) under the control of a public or private
6 employer 3) which employees occupy with normal
7 frequency during the course of employment,
8 including but not limited to, work areas, employee
9 lounges, and restrooms, conference and class rooms,
10 cafeterias, and hallways, except that a private
11 residence is not a place of employment, unless it
12 is used as a child care or a health care facility.
13 I . "PUBLIC PLACE" means any enclosed area to which
14 the public is permitted, including, but not limited
15 to: banks, private educational facilities, health
16 facilities, public transportation facilities,
17 reception areas, restaurants, retail food
18 production and marketing establishments, retail
19 service establishments, retail stores, theaters,
20 and office waiting rooms.
21 J. "RESTAURANT" means any coffee shop, cafeteria,
22 tavern, sandwich stand, soda fountain, private or
23 public school cafeteria, and any other eating
24 establishment, organization, club, boarding house,
25 or guest house, which gives or offers food for sale
26 to the public, guests, patrons, or employees,
27 except that the term " restaurant" shall not include
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I a cocktail lounge or tavern if said cocktail lounge
2 or tavern is a "bar" as defined herein.
3 K . RETAIL TOBACCO STORE" means a retail store
4 utilized primarily for the sale of tobacco
5 products and accessories.
6 L. "SERVICE LINE" means an indoor queue in which one
7 or more persons routinely wait for or receive
8 service of any kind, whether or not such
9 service includes the exchange of money.
10 M. "SMOKING" means the igniting, inhaling, exhaling,
11 or carrying of any burning cigar, or
12 cigarette of any kind, or the igniting,
13 inhaling, exhaling or carrying of
14 a pipe or other device for smoking, containing
15 any burning substance.
16 N. "SPORTS ARENA" means sports pavilions,
17 gymnasiums, health spas, boxing arenas, swimming
18 pools, roller and ice rinks, bowling alleys and
19 other similar places where members of the public
20 assemble to engage in physical exercise,
21 participate in athletic competition, or witness
22 sports events.
23 0. "WAITING ROOM SPACE" Common area of any
24 office, restaurant, theatre or any other
25 facility where persons routinely wait.
26 8.72.030 Prohibition against smoking in city owned
27 facilities.
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I All enclosed facilities owned by the City of San
2 Bernardino shall be subject to the provisions of this section.
3 A. PLACES OF PUBLIC ASSEMBLY. Smoking is prohibited
4 in all hearing rooms or places of public assembly
5 in which the business of the City of San
6 Bernardino, or any of its Boards or Commissions, is
7 conducted.
8 B. PUBLIC LOBBIES, PUBLIC HALLWAYS. Smoking is
9 prohibited in all waiting rooms, lobbies, and
10 public hallways of every building under direct or
11 indirect control of the city; provided, however,
12 that this prohibition does not prevent the
13 establishment of separate areas of such building in
14 which areas smoking may be permitted.
15 C. Smoking is prohibited in all areas of the City Hall .
16 8.72. 040 Prohibition against smoking in public places.
17 A. Smoking shall be prohibited except as
18 otherwise specifically set forth herein
19 in all enclosed public places, including,
20 but not limited to, the following:
21 (1) Elevators and restrooms.
22 (2) Buses, taxicabs and other means of public
23 transit operated under the authority or
24 Franchise of the City of San Bernardino, and
25 ticket, boarding, and waiting areas of public
26 transit depots; provided, however; that this
27 prohibition does not prevent the
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1 establishment of separate waiting areas for
2 cigarette smokers .
3 (3) Service lines.
4 (4) Retail stores, except areas in said
5 stores not open to the public and except
6 all areas within retail tobacco stores.
7 (5) Retail food marketing establishments,
8 including grocery stores and supermarkets
9 except those areas of such establishments set
10 aside as restrooms and offices, and areas
11 thereof not open to the public, which may be
12 otherwise regulated by this chapter . Those
13 areas of such establishments set aside for
14 the purpose of serving food and drink shall
15 be subject to the same provisions as set
16 forth herein for the regulation of smoking in
17 restaurants .
18 (6) All areas available to and customarily
19 used by the public in all businesses and non-
20 profit entities patronized by the public,
21 including, but not limited to, such areas in
22 business offices, banks, hotels and motels.
23 (7) Public areas of aquariums, libraries, and
24 museums when open to the public; provided,
25 however, that this prohibition does not
26 prevent the establishment of separate smoking
27 areas in a building in which cigarette
28 smoking is otherwise prohibited.
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1 (8) Any building not open to the sky which is
2 used primarily for exhibiting any motion
3 picture, stage drama, lecture, musical
4 recital or other similar performance, except
5 when smoking is a part of any such
6 production, provided, however, that this
7 prohibition does not prevent the
8 establishment of separate areas in the
9 waiting room of such building, in which
10 waiting room cigarette smoking may be
11 permitted.
12 (9) Enclosed sports arenas, except in
13 designated smoking areas.
14 (10) Waiting rooms of doctors ' offices and
15 dentists ' offices, hallways, wards, and
16 semi-private rooms of health facilities,
17 including, but not limited to, hospitals,
18 clinics, and physical therapy facilities. In
19 bed space areas of health facilities used for
20 two or more patients, smoking shall be
21 prohibited unless all patients within the
22 room request to be placed in a room where
23 smoking is permitted.
24 (11) Polling places.
25 B. Notwithstanding any other provision of this
26 section, any owner , operator, manager or
27 other person who controls any establishment
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1 described in this section may declare the
2 entire establishment or any portion thereof
3 to be a non-smoking area.
4 8.72 . 050 Smoking in restaurants.
5 A. Smoking is prohibited and is unlawful within all
6 enclosed restaurants whose occupancy capacity is thirty (30) or
7 more persons, provided, however, that this prohibition shall not
8 apply to any such establishment maintaining a smoking policy,
9 notice of which is published on the exterior or within the
10 waiting area of such establishment and plainly visible to
11 prospective patrons of such establishment. Such policy shall
12 set forth the fact that a nonsmoking section is available and
13 whether such seating is contiguous or non-contiguous to other
14 nonsmoking seating.
15 B. Any portion of a restaurant used as a bar is excluded
16 from the prohibitions of this section.
17 8.72.060 Regulation of smoking in places of
18 employment.
19 A. Within 90 days of the effective date of this
20 chapter, each employer shall adopt, implement, make
21 known and maintain a smoking policy stating where
22 smoking is permitted and where it is prohibited.
23 B. The smoking policy shall be communicated to all
24 existing employees and shall be provided to
25 new employees at the time of their initial
26 interview.
27 C. Every employer shall have the right to designate
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1 any place of employment or portion thereof, as
2 a non-smoking area.
3 8 .72.070 Where smoking is not regulated.
4 Notwithstanding any other provisions of this chapter to
5 the contrary, the following specific and limited areas shall not
6 be subject to the smoking restrictions of this chapter .
7 (1) Bars.
8 (2) Hotel and motel rooms rented to guests.
9 (3) Retail tobacco stores .
10 (4) Restaurants, hotel and motel conference
11 or meeting rooms and public and private
12 assembly rooms while these places are
13 being used for any private functions .
14 8 .72 . 080 Posting of smoking and no smoking areas.
15 A. The international "No Smoking" symbol
16 (consisting of a pictorial representation of a
17 burning cigarette enclosed in a red circle with a
18 red bar across it on a sign of a minimum of six
19 inches (6" ) in width and eight inches (8" ) in
20 height) , citing this subsection shall be clearly,
21 and conspicuously posted in every building or other
22 place where smoking is controlled by this chapter by
23 the owner, operator, manager or other person having
24 control of such building or other place.
25 B. Every theater owner, manager or operator shall
26 conspicuously post signs in the waiting area
27 stating that smoking is prohibited except within
28 designated smoking areas.
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1 8.72.090 Violations.
2 A. It is unlawful for any person to smoke in a
3 place where smoking is prohibited.
4 B. It is unlawful for any person who owns, manages,
5 or otherwise controls the use of any premises
6 subject to the prohibition of this chapter to fail
7 to post signs as required by this chapter or to
8 knowingly permit a violation of this ordinance.
9 C. Any person or business which violates subsection
10 A. or permits such violations, or any other
11 provision of this chapter, except as otherwise
12 provided herein shall be guilty of an infraction,
13 punishable as set forth in San Bernardino Municipal
14 Code Chapter 1. 12 (B) .
15 8 .72. 100 Enforcement.
16 A violation of any of the provisions of this
17 chapter shall constitute a public nuisance and may be
18 abated by the City through means of restraining order,
19 preliminary or permanent injunction or in any other manner
20 provided by law for the abatement of such nuisance and the
21 City may take action to recover the cost of such nuisance
22 abatement.
23 8 .72. 110 Non-Retaliation.
24 It is hereby declared to be a violation of public policy
25 for a person or employer to discharge, refuse to hire, or in any
26 manner retaliate against any employee or applicant for employment
27 because such employee or applicant exercises any rights afforded
28 by this chapter .
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1 8.72.120 Other applicable laws.
2 This chapter shall not be interpreted or construed to
3 permit smoking where it is otherwise restricted by other
4 applicable law or regulation.
5 I HEREBY CERTIFY that the foregoing ordinance was duly
6 adopted by the Mayor and Common Council of the City of San
7 Bernardino at a meeting thereof, held on
8 the day of , 1988, by the
9 following vote, to wit:
10 AYES:
11
12 NAYS:
13 ABSENT:
14
15
City Clerk
16
17 The foregoing resolution is hereby approved this day
18 of 1988.
19
20
Evlyn Wilcox, Mayor of the
21 City of San Bernardino
22 Approved as to form
and legal content:
23
24
25 .,Ci/ty Attorney
26 `
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